The Quebec Superior Court has authorized a class action involving temporary foreign workers who are suing the federal government over work permits that bind them to an employer.
The lawsuit, launched in 2023 by the Montreal-based Association for the Rights of Home and Farm Workers, alleges that closed work permits violate Charter rights to life, liberty and security of the person, as well as equality.
On Friday, Quebec Superior Court Justice Silvana Conte gave the green light to the lawsuit, whose members include any foreign national who obtained a work permit in Canada after April 17, 1982, that was tied to a specific employer.
“The Court considers that at this preliminary stage, although the threshold for assessment is high, it is possible to argue that the employer’s subordination measures are ‘clearly unconstitutional’ and give rise to a claim for damages under the Charter,” wrote Justice Conte.
The action seeks damages for the members and a declaration that articles of the Immigration and Refugee Protection Regulations are unconstitutional.
Byron Alfredo Acevedo Tobar, a farm worker from Guatemala and the lead plaintiff in the case, alleges he suffered abuse while working under a closed permit with three different employers between 2014 and 2022.
He claims he was subjected to psychological abuse and harassment, and was overworked. He also claims he was not properly trained, lacked equipment and was underpaid.
Closed work permits are typically granted to immigrant workers in low-skilled jobs, tying them to a specific employer or group of employers. If workers are fired, they can be deported from Canada, a rule that critics say encourages abuse.
In response to the lawsuit, federal government lawyers argued that Mr. Acevedo Tobar’s experience was rare and that he could not adequately represent the class action members. They also sought to limit the action to workers in the agricultural and care sectors.
The government’s legal team also wanted to narrow the eligibility period for potential class members to workers who received permits no earlier than 2017. The plaintiffs, however, wanted the class to extend back to 1982, the year the Canadian Charter of Rights and Freedoms came into force. Justice Conte said the final window in which class members can be included will be decided at a later date.
Last September, a United Nations special rapporteur described Canada’s temporary foreign worker program as “fertile ground for contemporary forms of slavery.”
Tomoya Obokata said after a 14-day visit to Canada that the closed work permit system leaves foreign workers vulnerable, “because they can’t report abuse without fear of being deported.”
Mr. Obokata repeated those comments in a final report as special rapporteur published in August 2024, citing issues such as wage theft, difficulties accessing health care, long working hours with limited breaks, and insufficient personal protective equipment. The report also cited allegations of sexual harassment and exploitation, as well as physical, emotional, and verbal abuse.
The number of permits issued under the program increased by 88% between 2019 and 2023, even though Ottawa recently announced plans to reduce the number of such workers in Canada.
The collective action has received support from traditional Quebec unions, such as the Confédération des syndicats nationaux (CSN) and the Fédération des travailleurs et travailleuses du Québec (FTQ), who recognize that while workers have rights on paper, they live in fear of reprisals due to the power imbalance created by closed permits.
Immigration, Refugees and Citizenship Canada said Monday it was unable to comment on the case because it is before the courts. The attorney general’s office will have 30 days to decide whether to appeal the decision.